Formal Agenda

ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 7, 2013 AT 3:00 P.M.ALL MEMBERS PRESENTMAYOR'S AWARD OF EXCELLENCEPUBLIC HEARING - CONSENT AGENDAAnyone wishing to address an item on the Consent Agenda may do so at this timeREPORTS OF CITY OFFICERS
1) 13R-227 Appointing James Hewitt to the Historic Preservation
Commission for a term expiring April 15, 2016.
(ADOPTED, 7-0; A-87583)Attachment (115K)
2) 13R-228 Reappointing Janet Goodman-Banks, Olga R. Kanne and
Colette M. Polite to the Multicultural Advisory
Committee for terms expiring September 18, 2016.
(ADOPTED, 7-0; A-87584)
3) 13R-229 Reappointing Tina Udell to the Community Health
Endowment Board for a term expiring September 1, 2016.
(ADOPTED, 7-0; A-87585)
4) 13R-230 Appointing DiAnna Schimek, Thomas Sullivan and Jose
Soto to the Community Health Endowment Board for terms
expiring September 1, 2016.
(ADOPTED, 7-0; A-87586)Attachment (218K)
5) Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on September 23, 2013.
(PLACED ON FILE)PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the application of Kiechel Fine Art LLC
dba Kiechel Fine Art for a Class C liquor license
located at 1208 O Street.
(ADOPTED, 7-0; A-87587)
7) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the application of Whitehead Oil Company
dba U-Stop 2 for a Class D liquor license located at
240 North 17th Street.
(ADOPTED, 7-0; A-87588)
8) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the application of Whitehead Oil Company
dba U-Stop 3 for a Class D liquor license located at
610 South 10th Street.
(ADOPTED, 7-0; A-87589)
9) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the application of Whitehead Oil Company
dba U-Stop 5 for a Class D liquor license located at
8231 E. O Street.
(ADOPTED, 7-0; A-87590)
10) Setting the hearing date of Monday, October 21, at 3:00
p.m. for the application of Whitehead Oil Company dba
U-Stop 6 for a Class D liquor license located at 942 S.
27th Street.
(ADOPTED, 7-0; A-87591)
11) Setting the hearing date of Monday, October 21, 2013 at
3:00 p.m. for the application of Whitehead Oil Company
dba U-Stop 7 for a Class D liquor license located at
5600 S. 56th Street.
(ADOPTED, 7-0; A-87592)
12) MISCELLANEOUS REFERRALS- END CONSENT AGENDA -
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONEPUBLIC HEARING - ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEM 13 HAD 2ND READING)
13) 13-115 Repealing Ordinance No. 19513 creating Re-paving
District No. 157, in 63rd Street, between Gladstone and
Fremont Streets, due to the lack of a petition signed
by a majority of affected property owners.
Fact Sheet (7K)
PUBLIC HEARING - RESOLUTIONS
14) 13R-217 Adopting the Central Renewable Energy System Agreement
between the Board of Regents of the University of
Nebraska and the City of Lincoln to use municipal
effluent for heating & cooling on the Nebraska
Innovation Campus.
(ADOPTED, 7-0; A-87593)Fact Sheet (12K)
Attachment (2187K)
15) 13R-223 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances by the
Health Department to the following benefitted
properties: 1744 S. 25th, 1411 N. 24th, 1611 Harrison,
935 Butler, 609 West Q, 3909 Sumner, 3440 S. 44th, 1710
Brookhaven, 2975 Holdrege, 2280 Holdrege, 1020 Sumner,
1947 SW 34th, 1120 High Plains Road, 5620 Greenwood,
3909 Sumner. (P.H. CON'T W/ACTION ON 1744 SOUTH 25TH
TO 10/14/2013, ADOPTED; 7-0; A-87599)Fact Sheet (55K)
Attachment (191K)
16) 13R-225 Waiver No. 13008 - Appeal of Karrie Usher from the
Planning Commission approval of the request to waive
the requirement of §26.23.125 of the Land
Subdivision Ordinance for a pedestrian way associated
with a block length in excess of 1,000 feet on property
generally located near N.W. 8th Street and Glacier Trail.
(ADOPTED, 7-0; A-87594)Fact Sheet (5161K)
17) 13R-226 Approving an Amendment to Agreement between the City of
Lincoln and the League of Human Dignity for the annual
requirements of StarTran's Special Transportation
Programs, pursuant to Bid No. 11-204, to extend the
Agreement term for two years from October 31, 2013
through October 30, 2015.
(ADOPTED, 7-0; A-87595)Fact Sheet (153K)
Attachment (276K)
18) 13R-231 Approving a Contract Agreement between the City of
Lincoln and Hiland Dairy Foods Company for the annual
supply of Milk and Dairy Products for the Lincoln Area
Agency on Aging for a two year term.
(ADOPTED, 7-0; A-87596)Fact Sheet (177K)
Attachment (3413K)
19) 13R-232 Approving a Contract Agreement between the City of
Lincoln, Lancaster County, the Lincoln-Lancaster County
Public Building Commission and Seminole Energy Services
LLC for the annual supply of Natural Gas for City and
County owned property for a four year term.
(ADOPTED, 7-0; A-87597)Fact Sheet (120K)
Attachment (4546K)
20) 13R-233 Approving the First Amendment to the Interlocal
Agreement between the City of Lincoln and Lancaster
County to revise provisions regarding the
administration and use of the Keno Human Services
Prevention fund, the investment of monies in the
Endowment Fund, and the adoption of new Keno Human
Services Prevention Fund Guidelines.
(ADOPTED, 7-0; A-87598)Fact Sheet (123K)
Attachment (382K)
- END PUBLIC HEARING -ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 13-108 Creating Special Assessment Re-Paving District No. 158
for the purpose of reconstructing portions of 66th
Street, Almira Lane, Marcus Road, and Anns Court within
the Country Meadows Homeowners Association Boundaries,
and assessing the costs thereof against the benefitted
properties. (ACTION DELAYED W/CONT'D P.H. FOR 3 WEEKS
TO 10/28/2013, 7-0)Fact Sheet (13K)
Attachment (133K)
22) 13-110 Amending Section 5.04.070 of the Lincoln Municipal
Code, Sale to Minors and Incapacitated Persons
Prohibited, to delete the offense of selling, giving,
disposing of, exchanging, delivering, or permitting the
sale, gift, or procuring of any alcoholic liquors to a
minor or incapacitated person as the state statute
penalty for said offense is greater than authorized for
the City. (PASSED, 7-0; #19926)Fact Sheet (8K)
23) 13-111 Amending Chapter 5.04 of the Lincoln Municipal Code,
Alcoholic Liquor, by repealing Sections 5.04.080
(Furnishing False Identification), 5.04.090 (Minors,
Misrepresenting Age), 5.04.100 (Minors, Possession of
Alcohol), 5.04.160 (Places Where Drinking Prohibited),
and 5.04.165 (Open Containers in Vehicles), and
amending Chapter 9.16 of the Lincoln Municipal Code,
Offenses Against Public Decency, by repealing Sections
9.16.025 (Marijuana Defined), 9.16.030 (Toxic Compounds
Defined), 9.16.035 (Paraphernalia Defined), 9.16.105
(Paraphernalia, Use or Possession, Unlawful, Penalty),
9.16.110 (Toxic Compounds, Unlawful Use), 9.16.120
(Toxic Compounds, Unlawful Possession), 9.16.130 (Toxic
Compounds, Unlawful Sale), 9.16.140 (Toxic Compounds,
Penalty for Violations), 9.16.145 (Possession of
Marijuana, One Ounce or Less, Unlawful, Penalty) and
incorporating said offenses and penalties into one
chapter by adding new Chapter 9.48 entitled "Alcohol
and Drug Offenses" consisting of Section 9.48.010,
Definitions; Section 9.48.020, Furnishing False
Identification; Section 9.48.030, Minors,
Misrepresenting Age; Section 9.48.040, Minors,
Possession or Consumption of Alcoholic Liquor
Prohibited; Section 9.48.050, Consuming Alcoholic
Liquor in Public Prohibited; Section 9.48.060,
Consumption in Unlicensed Premises Prohibited;
9.48.070, Consumption Inside Vehicles Prohibited;
Section 9.48.080, Open Alcoholic Beverage Container in
Motor Vehicle Prohibited; Section 9.48.090, Possession
of Marijuana, One Ounce or Less, Unlawful, Penalty;
Section 9.48.100, Toxic Compounds, Unlawful Use;
Section 9.48.110, Toxic Compounds, Unlawful Possession;
Section 9.48.120 Toxic Compounds, Unlawful Sale;
Section 9.48.130, Paraphernalia, Use or Possession,
Unlawful, Penalty; Section 9.48.140,Violations,
Penalty; and Section 9.48.150, Severability and Savings
Clause; amending Section 9.20.100 of the Lincoln
Municipal Code to delete the minimum fines for
furnishing false identification, misrepresenting age,
minor in possession of alcohol, and consuming alcohol
in prohibited places to maintain conformity with state
statute.(PASSED, 7-0; #19927)Fact Sheet (8K)
24) 13-112 Approving the Lease Agreement between the City of
Lincoln and 3732 Holdings, LLC allowing the property
owner at 6800 Normal Boulevard to lease 4,525 square
feet of space within a portion of Holmes Lake Park to
accommodate an expansion of the parking for its office
building. (PASSED, 7-0; #19928)Fact Sheet (74K)
Attachment (985K)
"Ordinances - 1st Reading" & "Resolutions - 1st Reading" are on AgendaAdvance Notice Only Public Hearing will occur on Second ReadingORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 25 THRU 34 HAD 1ST READING)
25) 13-114 Approving a sublease agreement between Experience Works
and the City of Lincoln for the sublease by Experience
Works of 316.74 square feet of space at 1111 O Street
for purposes of Workforce Investment Act Services and
the American Job Center for a one year term of October
1, 2013 through September 30, 2014 with the option to
renew for three additional one year terms.
Fact Sheet (101K)
Attachment (1065K)
26) 13-116 Amending Chapter 8.08 of the Lincoln Municipal Code
relating to Body Art Establishments by amending Section
8.08.060 to increase the permit fees for a body art
establishment and amending Section 8.08.350 to increase
the reinstatement fee for a body art establishment.
Fact Sheet (56K)
27) 13-117 Amending Chapter 8.14 of the Lincoln Municipal Code
relating to Child Care Programs by amending Section
8.14.037 to increase the permit fees associated with
child care programs and amending Section 8.14.150 to
increase the fee for reinstatement of a suspended child
care program certificate of compliance.
Fact Sheet (46K)
28) 13-118 Amending Chapter 8.20 of the Lincoln Municipal Code
relating to the Lincoln Food Code by amending Section
8.20.150 to increase the permit fees associated with
food establishments and amending Section 8.20.170 to
increase the fee for reinstatement of a permit
associated with food service.
Fact Sheet (47K)
29) 13-119 Amending Chapter 8.24 of the Lincoln Municipal Code
relating to the Noise Control Ordinance by amending
Section 8.24.150 to increase the permit fee for a
variance to the provisions of LMC Section 8.24.090
relating to noise disturbances.
Fact Sheet (43K)
30) 13-120 Amending Chapter 8.38 of the Lincoln Municipal Code
relating to Public Swimming Pools by amending Section
8.38.090 to increase the permit fee for the operation
of a Class A or Class B swimming pool.
Fact Sheet (43K)
31) 13-121 Amending Chapter 8.40 of the Lincoln Municipal Code
relating to Spa Facilities by amending Section 8.40.070
to increase the permit fees associated with the
operation of spa facilities.
Fact Sheet (44K)
32) 13-122 Amending Chapter 8.44 of the Lincoln Municipal Code
relating to Water Wells by amending Section 8.44.070 to
increase the permit fees associated with water wells.
Fact Sheet (44K)
33) 13-123 Amending Section 24.38.070 of the Lincoln Municipal
Code relating to fees for On-site Wastewater Treatment
Systems to incrementally increase said fees to cover
costs of providing required services to business and
industry and to protect the health of the residents of
City.
Fact Sheet (50K)
34) 13-124 Amending Section 24.42.110 of the Lincoln Municipal
Code to increase fees associated with the regulation of
property transfers with on-site wastewater treatment
systems.
Fact Sheet (51K)
RESOLUTIONS - 1ST READING(ITEMS 35 THRU 41 HAD 1ST READING)
35) 13R-234 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
for the period of September 16-30, 2013.
Fact Sheet (7K)
Attachment (20K)
36) 13R-235 Approving a Service Agreement between the City of
Lincoln, on behalf of the Lincoln-Lancaster County
Health Department, and Iowa College Acquisition, LLC,
dba Kaplan University, for Federal Work Study program
funds for students enrolled in a business program to
provide basic office assistance at the Health
Department for a term of July 1, 2013 through June 30,
2015. (Consent)Fact Sheet (44K)
Attachment (483K)
37) 13R-236 Comp. Plan Conformance No. 13007 - Approving the
Antelope Valley Redevelopment Plan to add the "21st and
N Redevelopment Project: The Exchange at Antelope
Valley" for (a) a 12,000 square foot mixed use retail
building and 28 dwelling units; (b) 67 dwelling units;
and (c) a 40,000 square foot grocery store in the area
generally located at S. 21st Street and N Street
between K Street on the south, N Street on the north,
S. Antelope Valley Parkway on the west and
23rd Street on the east.
Fact Sheet (4379K)
Attachment (308K)
Attachment (2495K)
38) 13R-237 Adopting increased fees for special waste permits as
authorized under Section 8.32.090 of the Lincoln
Municipal Code.
Fact Sheet (52K)
39) 13R-238 Amending the Lincoln-Lancaster County Air Pollution
Control Regulations and Standards, Article 1, Section
6, to increase fees for required services to business
and industry.
Fact Sheet (54K)
Attachment (409K)
40) 13R-239 Adopting increased fees for conducting National
Pollutant Discharge Elimination System (NPDES)
stormwater permit compliance inspections at regulated
industrial facilities.
Fact Sheet (53K)
41) 13R-240 Approving an amendment to the FY 12/13 CIP to add an
appropriation of $1 million for the construction of the
second Horizontal Collector Well Caisson and Laterals
in Lincoln's Well Field near Ashland, Nebraska.
Fact Sheet (29K)
PENDING LIST - DATE CERTAIN - NONEPENDING LIST(EXTENDED ONE WEEK, SEE ITEMS #43, #44 AND #45)
42) 07-73 Amending Title 20 of the Lincoln Municipal Code,
the Building Code, by adding a new Chapter 20.02,
entitled Neglected Building Registration, to
require registration of neglected, deteriorated
and/or abandoned buildings, to require the filing
of plans for restoration or demolition of
abandoned buildings, and to establish penalties
for violations thereof.
(5/7/07 - Placed on Pending, No Date Certain)Fact Sheet
43) 09R-76 Establishing a Roads to Jobs Fund to make funds
available for road projects, declaring a surplus of
$8,000,000.00 in the Special Assessment Revolving Fund,
and authorizing the transfer of said funds to the Roads
to Jobs Fund.
(WITHDRAWN, 7-0; #38-4637)
44) 11-39 Amending Chapter 10.32 of the Lincoln Municipal
Code relating to Stopping, standing and Parking of
Vehicles by adding a new section numbered
10.32.075 to prohibit the parking of trucks on a
street more than 400 feet from the primary place
of business and providing certain exceptions.
(WITHDRAWN, 7-0; #38-4638)
45) 12-76 Amending Section 10.34.030 of the Lincoln
Municipal Code relating to Parking Meters: Deposit
of Coins and Time Limits, to provide that no
parking fee shall be charged on Martin Luther King
Day, Presidents Day and Veterans Day.
(WITHDRAWN, 7-0; #38-4639)Fact Sheet (17K)
During the Open Microphone Session of the agenda, individuals are allowed
a total of 5 minutes to speak regardless of number of topics.The Open
Microphone Session is available on the 2nd & last Monday of each month.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA,
AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO SO AT THE OPEN
MICROPHONE SESSION. OPEN MICROPHONE SESSION FOR THE MONTH OF OCTOBER
WILL BE HELD ON OCT. 14TH AND OCT. 28THADJOURNMENT4:44 P.M.UPCOMING HEARINGS
Hearing date of Monday, October 14, 2013 at 3:00 p.m. for the
application of TPG Holdings, LLC dba Ye Old Pub for a Class C
liquor license located at 408 S. 11th Street.
Hearing date of Monday, October 21, 2013 at 3:00 p.m. for the
manager application of Blaise Rewaka in connection with Target
Store T-2303 located at 8201 S. 40th Street.
***
The City Council Meeting, which is broadcast live at 3:00 p.m. every
Monday and
at 5:30 p.m. on the last Monday of each month, will be rebroadcast on
Saturdays at 1:00 p.m.,
immediately following the Pre-Council Meeting on 5 City-TV, Cable
Channel 5.
***
The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov